can I still stay on L1 visa?

[boriskey]

Hi,

I am now in the USA on L1A visa working for CompanyA. CompanyA has a branch office in Ukraine and I was transferred here to US office 3 years ago.

CompanyA is going to be sold soon to CompanyB. CompanyB does not want to acquire Ukrainian office and it will be sold to third party company (CompanyC, partner of companyB).

Can the companyB hire me and keep me in the US on the same visa if they are not going to buy Ukrainian office? CompanyB is very large company with a lot of oversees offices. Or CompanyC needs to file for a new visa for me (attorney of CompanyC says they cannot hire me without filing new L1 visa)

I would appreciate your help…I read the FAQ and forum threads but could not find the answer...I hope to be hired by CompanyB and keep my visa, I would hate to go through getting a new visa again

[txh1b]

http://www.immihelp.com/forum/showthread.php?t=49241

[boriskey]

http://www.immihelp.com/forum/showthread.php?t=49241

txh1b, as you said in the other post - the answer is no

our attorney recommends to file another L1 with CompanyC, but my understanding in that case I would have to leave US, correct?

Do you know if I can stay for some time when the company got sold if my I94 still valid? (I understand I cannot work). Do you think they can notice that the company was sold but I did not leave the country if my I94 still valid?

[txh1b]

No, you cannot stay after termination of your L1 job. You will not qualify for L1 through C unless C has employed you (which it could if it purchases your current company) in the home country.

I-94 validity is dependent on you holding the status. It is illegal to stay past it. The question of them noticing is not an issue. It will come out later on.

One of the ex-colleague of a friend of mine got held at the deportation cell as he was on H1b but not working. Luckily, he had married an American and is now filing for AOS and fighting deportation at the same time.

Talk to your lawyer.

[boriskey]

that's weird by our immigration lawer said it is okay to be here if I94 is valid (but I cannot work). He also said he can file a new L1 and I do not have to leave the country (which is BS I think). I am really questioning his knowledge now...And anyway I cannot leave the country now even if want to - my wife is 8 month pregnant, it is very risky to take a flight...

Would you recommend swicthing the lawer? do you think based on his answers he is not qualified enough?

[txh1b]

Company C has to have a US shop for you to work on L1. The lawyer is definitely shady if he said you can stay till I-94 expires. There are two different things. As soon as you lose your job, you become out of status. As soon as your I-94 expires, you become illegal.

If you are out of status, it is still a risk as no future status changes are allowed by USCIS and if caught, one would get deported.

You and your wife should apply for a B2 COS to go through the delivery and remain in a "authorized" stay period. Ensure you have coverage for health from COBRA or other means.

[boriskey]

thank you for your help!